United States Ninth Circuit

Hawkins v. The Kroger Co., 16-55532

Revived a consumer's claim that a supermarket chain mislabeled its packaged bread crumbs as having zero grams of trans fat. The supermarket chain argued that the consumer's claim was preempted by Food and Drug Administration regulations, which required the product's nutritional label to report zero grams of trans fat because the amount was less than 0.5 gram per serving. Disagreeing, the Ninth Circuit reversed the dismissal of the consumer's proposed class action alleging that false statements about trans-fat content were made elsewhere on the product's label in violation of California law.